My question involves a traffic ticket from the state of: New Jersey
My wife's cell phone alarm went off while she was driving. She picked up the phone, turned off the alarm, then put the phone back down. The phone was in her hand for at most 15 seconds. A policeman was driving behind her and pulled her over. He said, "I pulled you over because you had the electronic device in your hand, and this is a hands free state." He then wrote her a ticket for "Cell Phone" under the Other Traffic / Parking Offense section, and told her that she'll have to appear in court.
I found this NJ regulation 39:4-97.3: http://ift.tt/1G2XVHT that seems to be pertinent. It states "Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. It also says the fine is $200-400.
This seems to allow the driver to use one hand to activate, deactivate, or initiate a function of the phone while driving, which is exactly what my wife did. This interpretation is supported by the Superior Court of NJ case State of New Jersey v. Elliott Malone: http://ift.tt/1G2XVHV Per the press release of former Governor McGreevey, the purpose of this regulation is to "minimize distractions while driving", and she was doing just that.
I would hope that the judge would dismiss this based on the above, as we'd really like to avoid paying $200-400, but who knows? Am I correct in my interpretation? Is there anything we should do to increase our chances of having this dismissed?
My wife's cell phone alarm went off while she was driving. She picked up the phone, turned off the alarm, then put the phone back down. The phone was in her hand for at most 15 seconds. A policeman was driving behind her and pulled her over. He said, "I pulled you over because you had the electronic device in your hand, and this is a hands free state." He then wrote her a ticket for "Cell Phone" under the Other Traffic / Parking Offense section, and told her that she'll have to appear in court.
I found this NJ regulation 39:4-97.3: http://ift.tt/1G2XVHT that seems to be pertinent. It states "Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. It also says the fine is $200-400.
This seems to allow the driver to use one hand to activate, deactivate, or initiate a function of the phone while driving, which is exactly what my wife did. This interpretation is supported by the Superior Court of NJ case State of New Jersey v. Elliott Malone: http://ift.tt/1G2XVHV Per the press release of former Governor McGreevey, the purpose of this regulation is to "minimize distractions while driving", and she was doing just that.
I would hope that the judge would dismiss this based on the above, as we'd really like to avoid paying $200-400, but who knows? Am I correct in my interpretation? Is there anything we should do to increase our chances of having this dismissed?
Other Violations: Ticket for Briefly Holding Cell Phone - New Jersey
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